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  • Article

    All In A Day's Work. Belk Achieves Confirmation Of Pre-Packaged Plan In Record Time

    On Wednesday, February 23, just after 5:00 p.m., Belk, Inc. – a North Carolina-based department store chain – and its affiliates filed voluntary petitions under Chapter 11 of the Bankruptcy Code.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Court Dismisses Bankruptcy Case To Enable Debtor To Seek A Paycheck Protection Loan

    It is well known in the restructuring world that a debtor in bankruptcy can't get a PPP loan. But what if you're a debtor and decide a PPP loan could save your business?
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Losing Momentum: Houston Bankruptcy Court Holds That Make-Whole Claims Are Not The Economic Equivalent Of Unmatured Interest Subject To Disallowance; Solvent-Debtor Exception Lives

    If the make-whole amount is not unmatured interest, then it must be paid in order for the make-whole claimants to be unimpaired.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Asset Sales In Bankruptcy: An Important Decision

    U.S. bankruptcy law permits debtors-in-possession and trustees to sell assets free and clear of claims, liens and other interests.
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Important Changes To New York Sales Tax Law Affecting Exempt Organizations

    Recent amendments to the New York Tax Law, effective September 1, 2008, will require exempt organizations to collect sales tax with respect to sales of certain goods and services which are currently exempt.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Corporate Behavior, Hackers And Socially-Responsible Investing

    Should a public company's cyber and breach disclosure practices matter to Wall Street and socially-responsible investment funds?
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Expert Testimony: Additional Insights From AU Optronics

    The Ninth Circuit issued its long-awaited AU Optronics decision addressing the requirements of the Foreign Trade Antitrust Improvements Act.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Fifth Circuit Considers Independent Conduct On Vertical Agreements To Facilitate Horizontal Conspiracy

    On November 25, 2015, the Court of Appeals for the Fifth Circuit affirmed the $156 million antitrust judgment in MM Steel, L.P. v. JSW Steel (USA) Incorporated; Nucor Corporation.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    O’Bannon v. NCAA Case Update: Judge Finds NCAA Policies Violate Antitrust Law

    On Friday, August 8, Judge Claudia Wilken of the Northern District of California issued her much-anticipated findings of fact and conclusions of law in O'Bannon v. NCAA. (Read our prior coverage of the case here.)
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Second Circuit Affirms Ruling Against Apple In E-book Price-Fixing Case

    We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to raise the price of e-books.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Credit Checks On The Chopping Block: NYC Restricts Credit Inquiries During Hiring

    Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request credit-related information.
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    SEC Allows Internet Posting Of Rule 12g3-2(b) Materials

    Currently, non-U.S. companies who maintain a Rule 12g3-2(b) exemption under the U.S. Securities and Exchange Act of 1934, as amended (Exchange Act), are required to submit home country documents to the U.S. Securities and Exchange Commission (SEC) in paper format rather than having the option of submitting them electronically to the SEC.
    United StatesFinance and Banking
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Computing Time For A Filing Deadline: Should You Count A Day When A Clerk's Office Is Closed?

    This post concerns computation of time under Bankruptcy Rule 9006.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    California District Court Denies Amgen’s Motion For A Preliminary Injunction On BPCIA

    On March 19, Judge Seeborg of the Northern District of California denied Amgen’s motion for a preliminary injunction in Amgen v. Sandoz.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Impact Of Supreme Court’s Commil v. Cisco?

    On March 31, the Supreme Court heard oral argument in Commil USA LLC v. Cisco Systems Inc.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    The Truth Hurts: Two Circuits Now Recognize That Consumer Surveys Cannot Be Used To Dispute Unambiguous Advertising Claims

    The Third Circuit has joined the Seventh Circuit in holding that a false advertising plaintiff cannot rely upon a consumer survey to alter the clear meaning of words in an ad.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    New Target Ruling Places Your Company's Cyber Oversight In The Crosshairs

    A recent discovery ruling in the Target Corp. data breach litigation has raised the stakes for corpora­tions and their officers and directors when faced with a cyberattack.
    United StatesPrivacy
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Federal Estate, Gift and Generation Skipping Transfer Tax Update

    On December 17, 2010, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 ("TRA 2010").
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Amgen Declines To Seek Cert In Amgen v. Sandoz

    Amgen has decided not to seek Supreme Court review of the Federal Circuit's Amgen v. Sandoz decision, as the January 14, 2016 deadline to file has now passed without Amgen petitioning for certiorari.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    The Value Of A Fresh Look

    Most companies that experience a loss at trial ask the lawyers who represented them at trial to also handle the appeal.
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP

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